Domestic Battery: PC 243(e)(1)
Domestic battery also concerns a willful or intentional act on an intimate partner except that the injury can be trivial, though harmful or offensive, and need not have caused any pain to the victim. For a battery to occur, it can be any unwanted contact such as pushing or slapping the individual and doing so with the purpose or intent of committing harm. A battery also occurs regardless if the contact was not directly on the victim. For example, smashing the victim’s car window while the person was inside, snatching a necklace off the intimate partner or kicking the victim’s cat in the person’s presence could be charged as domestic battery.
Domestic battery is a misdemeanor though you can face aggravated battery charges, which can be charged as a felony if the intimate partner suffered serious bodily injury, and face state prison time. In many cases, the court will require the offender to attend a batterer’s treatment program for at least one year as a condition of probation. A subsequent domestic battery conviction results in a mandatory minimum jail time of 48 hours.
Possible Defenses to a Domestic Violence Charge
There are numerous defenses available to anyone charged with any of the above charges, some of which are dependent on the crime for which you are being prosecuted.
- Self-defense. You can asset self-defense if you reasonably believed you or someone near you was in imminent danger of being harmed or unlawfully or offensively touched and that you needed to apply force to protect yourself or that other person. The force used must be only that required or necessary to defend yourself.
- Lack of injury. If no injury occurred, then certainly you cannot be prosecuted under PC 243.5, corporal injury to a spouse or cohabitant. You need not have produced a visible injury, though, to be charged with a battery offense or elder abuse.
- Lack of a sustained or reasonable fear for one’s safety or well-being. To be prosecuted for criminal threats, the victim must have had a reasonable fear of the threat and it must have lasted for more than a moment. Merely being startled or being told by the defendant that he or she may get you some day may not be enough to constitute a crime.
- False accusations. Many times, a jealous spouse or ex-dating partner or vengeful family member will fabricate a charge of assault or abuse. Often, a comprehensive medical examination will not contradict the accuser’s account of how an alleged injury occurred.
- Mistaken assumptions. In some cases, someone who is required to report suspected abuse or domestic violence will report it to authorities. A criminal defense attorney may have to launch a separate investigation to exonerate the defendant by showing that either someone else was responsible or that some other plausible explanation explains the injury.
- Violation of constitutional rights. Police must follow certain protocol that adheres to rights found in the federal and state constitutions regarding reasonable searches and seizures, extracting confessions and lawfully arresting someone.
Contact the Domestic Violence Attorney Group
A domestic violence accusation may be result of a mistake or a fabricated allegation from someone seeking retribution or vengeance against you. There are numerous cases where mitigating circumstances, unknown facts, misunderstandings or overzealous prosecutions result in unsubstantiated or excessive charges that our attorneys can examine and appropriately advise you. Promptly retaining an experienced domestic violence lawyer from the Domestic Violence Attorney Group can often mean the difference between getting your case dismissed, charges reduced, or having you plea to a different offense with lesser penalties. Emeryville Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Emeryville, California
About Emeryville
Emeryville is a small city in Alameda County, California, in the United States. It is located in a corridor between the cities of Berkeley and Oakland, extending to the shore of San Francisco Bay. Its proximity to San Francisco, the Bay Bridge, the University of California, Berkeley, and Silicon Valley has been a catalyst for recent economic growth. It is home to Pixar Animation Studios, Peet's Coffee & Tea, and Jamba Juice. In addition, several well known biotech and software companies have made their home in Emeryville: Electronic Arts' Maxis Software division, LeapFrog, Sendmail, MobiTV, Novartis (formerly Chiron before April 2006), and BigFix (now IBM). The population was 10,080 as of 2010, although it swells considerably on weekdays due to the city's position as a regional employment center. Emeryville has some features of an edge city; however, it is located within the inner urban core of the Oakland/greater East Bay (San Francisco Bay Area), and was heavily industrialized before the First World War.
Before the colonization of the area by Spain in 1776, this area was the site of extensive native American settlements. Mudflats rich with clams and rocky areas with oysters, plus fishing, hunting, and acorns from the local oak trees provided a rich and easily exploited food source for the residents, who disposed of their clam and oyster shells in a single place, over time creating a huge mound, the Emeryville Shellmound.
During the Spanish and Mexican eras, Emeryville was the site of a small wharf near the mouth of Temescal Creek adjacent to the shellmound. The wharf served the Peralta family's Rancho San Antonio, and was used for loading the principal produce of the ranch—cattle hides—onto lighters, and subsequently transferring them to ships, including New England-bound schooners.
The handling of cattle continued into the American era with the establishment of numerous meat packing plants along the bayshore in Emeryville between 67th and 63rd Streets in an area called "Butchertown". The cattle processed here were raised in nearby ranches and farms, and brought in by rail or barge. The odors emanating from this district were notorious and often mentioned in local newspapers of the 19th and early 20th century.
The Town of Emeryville was incorporated December 2, 1896. It was named after Joseph Stickney Emery who came during the Gold Rush and acquired large tracts of land in what became known as "Emery's".
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